Agenda - Planning Commission - 02/02/2017

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The applicant must provide the local government with all relevant information that may be needed by the local government to evaluate compliance with the local MRCCA ordinance and the potential impact of the request to determine appropriate mitigation as provided in subpart 5 of this part. The list is not intended to be exhaustive; the designated local government official may determine which of the listed information is necessary for project review or if additional information is necessary to properly evaluate the impact of the requested action. Subpart 7. Accommodating disabilities. Facilities to accommodate persons with disabilities consistent with state and federal law are permitted within the MRCCA even if inconsistent with the requirements of the proposed MRCCA rules. This subpart recognizes that development within the MRCCA must comply with the Americans with Disabilities Act 42 U.S.C. §§ 12111 et seq., and the Fair Housing Act 42 U.S.C. §§ 3601 et. seq. This subpart allows local governments to regulate compliance with these federal requirements by administrative permit, thereby minimizing administrative burdens. This subpart also requires removal of accommodating facilities once the disabled person is no longer using the property. 6106.0090 Incorporations by Reference The proposed MRCCA rules rely on standards set in a number of guidance documents developed by the DNR, the Minnesota Board of Water and Soil Resources (BWSR) and the Minnesota Pollution Control Agency (MPCA). This section adopts these guidance documents and the standards set in those documents. Rather than repeating the content of these guidance documents in the proposed MRCCA rules, they are included by reference. These documents are readily available through inter -library loan. 6106.0100 Districts Subpart 1. Establishment of districts. Minn. Stat. § 116G.15, subd. 3, requires establishment of new land use districts within the MRCCA. Subpart2. Purpose. Executive Order 79-19 established four land use districts based on generalized land use patterns and natural resources within the corridor 35 years ago: • Rural Open Space • Urban Open Space • Urban Developed • Urban Diversified Over time, these four districts have become less consistent with actual development within their boundaries as the region has evolved, and they no longer reflect the diversity of development patterns and resources within the MRCCA. For example, the "Rural Open Space District" was intended to restrict density in rural areas. However, expansion of urban services such as the metropolitan wastewater system has occurred over the past 30 years in many of these areas, or is currently planned to occur under the Metropolitan Council's metropolitan regional plan, Thrive MSP 2040 (2014). The "Urban Developed District" was designed for suburban densities, with a 35-foot height limit, which now conflicts with the goals of many suburban communities to create new, high -density town center development that takes advantage of river amenities. 42